LICENSE AGREEMENT
THIS LICENSE AGREEMENT is made this _____ day of July, 2015, by and between the City of Lawrence, Kansas, a municipal corporation, and Unified School District Number 497.
RECITALS
A. The City of Lawrence, Douglas County, Kansas (“the City”), is the holder of that Right of Way on which Haskell Avenue (“the City's Right of Way”) is located in the City of Lawrence, Douglas County, Kansas;
B. Unified School District Number 497 (“the Owner”), owns certain real estate (“the Property”) adjacent to and along the City's Right of Way, commonly known as 2910-2920 Haskell Avenue, Lawrence, Douglas County, Kansas, and bearing the following legal description:
A TRACT OF LAND IN LOT 1 KING INDUSTRIAL PARK SUBDIVISION, A SUBDIVISION IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 1, SAID POINT ALSO BEING THE NORTHWEST CORNER OF LOT 37 MARY'S LAKE ADDITION, AN ADDITION TO THE CITY OF LAWRENCE, DOUGLAS COUNTY KANSAS; THENCE SOUTH 01°29'00" EAST, ALONG THE WEST LINE OF SAID MARY'S LAKE ADDITION 359.99 FEET THENCE SOUTH 88°29'30" WEST, 209.87 FEET, THENCE SOUTH 01°30'30" WEST, 110.85 FEET, THENCE SOUTH 88°29'30"WEST,99.99 FEET, THENCE SOUTH 01°30'30" WEST, 176.51 FEET, THENCE S 88°29'30" WEST, 224.19 FEET, THENCE NORTH 44°44'27" WEST, ALONG SAID RIGHT-OF-WAY EASEMENT, 783.42 FEET, THENCE NORTH 17°15'28" WEST, 62.15 FEET, TO THE SOUTH LINE OF CHAPARRAL, AN ADDITION TO THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS; THENCE NORTH 87°40'37" EAST, 1168.89 FEET ALONG THE SOUTH LINE OF SAID CHAPARRAL AND THE SOUTH LINE OF LOT 39 IN SAID MARY'S LAKE ADDITION TO THE POINT OF BEGINNING. CONTAINS 11.066 ACRES, MORE OR LESS.
C. In order to enhance the use and enjoyment of the Property, the Owner wishes to place a ground-mounted monument sign, four feet, six inches by twelve feet (4' 6" x 12') in area within the City's Right of Way ("the Owner's Encroachment") (A map showing the location of the Owner's Encroachment and a design plan for the proposed sign are affixed hereto as Exhibits A and B, respectively, and are incorporated herein by reference);
D. The Owner has submitted to the City a design plan and an application for a sign permit setting forth the details of its proposed use of the Owner's Encroachment; and
E. As a condition to design plan approval and approval of the sign plan permit, inter alia, the City requires execution of this License Agreement and compliance with its terms.
TERMS
NOW, THEREFORE, in light of the mutual promises and obligations contained herein, and in exchange for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties, the parties agree as follows:
1. Adoption of Recitals. The above-stated recitals are incorporated herein by reference, are hereby made a part of this License Agreement, and shall be as effective as if repeated verbatim.
2. Grant of License. In exchange for the sum of one dollar and no cents ($1.00) and for other good and valuable consideration, the City hereby grants to the Owner the non-exclusive license, right, privilege, and permission (“the License”) to use, in common with others, that portion of the City's Right of Way on which the Owner's Encroachment will be located, as described in the Design Plan filed with the City, for the purpose of enhancing the use and enjoyment of the Property.
3. The Owner’s Covenants. In exchange for this License, in addition to giving good and valuable consideration, the Owner hereby covenants and warrants as follows:
(a) To maintain, at the Owner’s sole cost and expense, for the duration of this License Agreement, the area in the City's Right of Way licensed to Owner to be used for the Owner's Encroachment.
(b) To move or remove, at the Owner’s sole cost and expense, the Owner's Encroachment, located in the licensed area, in the event that the City needs to install, repair, maintain, or expand Haskell Avenue or any utilities that may be located or are to be located in the City's Right of Way. The owner may replace the Owner's Encroachment in its former location once said installations, repairs, maintenance, or expansion are completed, except as may otherwise be provided in paragraph 7 of this License Agreement.
(c) To comply with all applicable laws and ordinances, including all land use requirements of the City and Douglas County, Kansas.
(d) To comply with all conditions placed on the Owner's Encroachment by any approved Site Plan.
(e) To refrain from causing any waste, damage, or injury to the City's Right of Way.
(f) The Owner shall not enlarge, intensify, or increase the proposed scope of its use or occupancy of the City's Right of Way as described in this License Agreement without the prior written consent of the City.
(g) The Owner shall list the City as an additional insured on its commercial insurance policy
4. The City Makes No Representations. The Owner agrees that the City has made no representations to it with respect to the City's Right of Way or its condition, and that it is not relying on any representations of the City or its agents with respect to the City's Right of Way or its condition. This License Agreement grants the Owner the License to use the City's Right of Way in its present condition, “as is,” without any warranties, representations, or assurances from the City.
5. Indemnification. During the time that this License Agreement is in effect, the Owner agrees to indemnify, defend, save, and hold harmless the City, its officers, commissioners, agents, employees, grantees, and assigns, from and against all claims, actions, liabilities, damages, costs, expenses, and judgments, including attorneys’ fees, which relate to, arise out of, or are in any way related to the Owner’s use or occupancy of the City's Right of Way or any portion thereof or the maintenance thereof, on account of any injury to persons or damage to property. This indemnification clause shall not apply to any injury or damage caused by the City’s own negligence.
6. Accommodation. The permission granted to the Owner under this License Agreement is given for good and valuable consideration. However, the permission granted is given as an accommodation to the Owner and shall be made without requiring the payment of rent from the Owner. The Owner hereby acknowledges the City’s right to the City's Right of Way and agrees never to assail, resist, or deny such right by virtue of the Owner’s use or occupancy of the City's Right of Way under this License Agreement.
7. Term and Termination. The City reserves the right to terminate the permission granted by this License Agreement at any time and for any reason, by giving the Owner at least ninety (90) days written notice of such termination, except that the City may, at the City’s election, terminate the permission immediately without such notice:
(a) If the Owner fails to comply with or abide by each and all of the provisions, including the Owner’s Covenants, of this License Agreement;
(b) If the Owner fails to comply with or abide by each and every condition established in the approved Site Plan; or
(c) If the continued use or occupancy of the City's Right of Way presents a health or safety hazard.
8. Binding Effect. This License Agreement shall, at all times, be binding upon the City and the Owner and all owners of the Property and all parties claiming by, through, or under them, shall run with the land, and shall be for the benefit of, and shall oblige all future owners of the Property; provided, however, that the rights, duties, and obligations of each owner, as set forth herein, shall cease with the termination of his, her, or its ownership of the Property, or portion thereof, except for those duties and obligations arising during the period of his, her, or its ownership.
9. Authorization. Each of the persons executing this License Agreement, in behalf of their respective parties, represent and warrant that they have the authority to bind the party in behalf of whom they have executed this License Agreement, and that all acts requisite to the authorization to enter into and to execute this License Agreement have been taken and completed.
10. Notice. Notice under this License Agreement, including denials, revocation, or alteration of site specific approvals, notice to remove equipment, and any other notice that may be required by this License Agreement shall be provided in writing to the parties at the following addresses:
Notice to the City: Notice to the Owner:
City of Lawrence, Kansas Lawrence Public Schools
City Manager’s Office Attn: Kyle Hayden
6 East 6th Street 110 McDonald Drive
P.O. Box 768 Lawrence, Kansas 66044
Lawrence, Kansas 66044
11. Severability. If any section, sentence, clause, or phrase of this License Agreement is found to be invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining provision of this License Agreement.
12. Governing Law. This License Agreement shall be construed and enforced in accordance with and shall be governed by the laws of the State of Kansas.
[SIGNATURES APPEAR ON THE FOLLOWING PAGES]
IN WITNESS WHEREOF, the undersigned have caused this License Agreement to be executed as of the date noted above.
City:
CITY OF LAWRENCE, KANSAS, a municipal corporation
________________________________
DIANE STODDARD
Interim City Manager
ACKNOWLEDGMENT
THE STATE OF KANSAS )
) ss:
THE COUNTY OF DOUGLAS )
BE IT REMEMBERED, that on this ____ day of July, 2015, before me the undersigned, a notary public in and for the County and State aforesaid, came Diane Stoddard, as Interim City Manager of the City of Lawrence, Kansas, who is personally known to me to be the same person who executed this instrument in writing, and said person fully acknowledged this instrument to be the act and deed of the aforementioned entity.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal, the day and year last written above.
________________________________
Notary Public
My Appointment Expires:
Owner:
UNIFIED SCHOOL DISTRICT NUMBER 497
________________________________
KYLE HAYDEN
Assistant Superintendent
ACKNOWLEDGMENT
THE STATE OF KANSAS )
) ss:
THE COUNTY OF DOUGLAS )
BE IT REMEMBERED, that on this ____ day of July, 2015, before me the undersigned, a notary public in and for the County and State aforesaid, came Kyle Hayden, Assistant Superintendent of Unified School District Number 497, who is personally known to me to be the same person who executed this instrument in writing, and said person fully acknowledged this instrument to be the act and deed of the aforementioned entity.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal, the day and year last written above.
________________________________
Notary Public
My Appointment Expires: